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HomeMy WebLinkAbout6.g. Minor Amendment to Omni Orchard Farm Winery PUD EXECUTIVE SUMMARY City Council Meeting: May 3, 2022 AGENDA ITEM: Request by Omni Wine Holdings LLC for a Minor Amendment to the Omni Orchards Farm Winery Planned Unit AGENDA SECTION: Development Agreement for a deviation Consent from City Code Section 3-1-14 and City Code Section 11-4-14D PREPARED BY: Eric Van Oss, Economic Development AGENDA NO. 6.g. Coordinator ATTACHMENTS: Resolution, Site Location, Minor Amendment to the Planned Unit APPROVED BY: LJM Development Agreement, Site Plan RECOMMENDED ACTION: 1. Motion to adopt a resolution approving a Minor Amendment to the Omni Orchards Farm Winery Addition Planned Unit Development Agreement granting a deviation to Omni Wine Holdings from the patio fencing requirements in City Code Sections 3-1- 14 and 11-4-14D. 2. Motion to approve the amended Omni Orchards Farm Winery Amended Planned Unit Development Minor Amendment Agreement and authorizing the Mayor and City Clerk to enter into the agreement. BACKGROUND The Omni Orchards Farm Winery was approved by Council for development in 2021. Section 3-1-14 of the City Code requires the patio or deck area must be compact and contiguous to the licensed premises and shall be enclosed with a wrought iron railing that meets standards set forth in this code and final inspection by the chief building official. City Code. 11-4-14D requires that when a liquor license is granted, an uninterrupted enclosure is required, and the enclosure shall only have access through the principal building. No deviation was requested from this requirement, although the site plan that was approved in 2021 did not include a fence around the patio area. The applicant is requesting a minor amendment to the Planned Unit Development Agreement to allow for a deviation from the patio fencing requirements. Staff is recommending approval of the request. When the applicant submitted applications for the Planned Unit Development agreement, the site plan showed partial non-continuous enclosure of the outdoor patio utilizing a gabion landscape wall, but no formal request was made for that deviation from the code. The sections of the code requiring patio fencing with wrought iron fencing pertain to the liquor license outdoor seating section of the zoning ordinance. These requirements are intended to keep patio activities confined to the premises and to discourage the effects of outdoor seating on contiguous properties or public rights of ways. Due to the location and unique nature of the farm winery, staff finds the contiguous wrought iron patio requirement is unnecessary for this site. The building is secluded and not adjacent to any other businesses. The residential properties located to the north and south of the site are significantly set back from the tasting room and patio areas. The patio and building also exceed the setback requirements from any public right of way, and the patio shown on the site plan is partially enclosed and there is a clear delineation between the outdoor patio area and the rest of the site. The farm winery concept is new to Rosemount and is not a traditional restaurant patio that is typically found in a multi-tenant commercial area. The flow of the site allows patrons to utilize the tasting room, patio, and outdoor winery grounds as a continuous space. Staff consulted the City Building Official, City Clerk and State of Minnesota Alcohol and Gambling Enforcement Division. Staff determined a deviation from the City Code sections relating to patio fencing, which would allow a partial non-continuous enclosure of the outdoor patio utilizing a gabion landscape wall as shown on the plans, is appropriate in this case. RECOMMENDATION Staff is recommending that the Council approve the request by Omni Wine Holdings for a Minor Amendment to the Omni Orchards Farm Winery Planned Unit Development Agreement for a deviation from City Code Section 3-1-14 and City Code Section 11-4-14D. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-53 A RESOLUTION APPROVING A MINOR AMENDMENT GRANTING A DEVIATION TO OUTDOOR PATIO FENCING REQUIREMENTS WHEREAS, the Community Development Department of the City of Rosemount received a request from Omni Wine Holdings LLC to amend the Omni Orchards Farm Winery Planned Unit Development Agreement to grant a deviation to City Code Section 3-1-14 A.1 and 11-4-14 D.5; and WHEREAS, staff has prepared and recommends a Minor PUD Amendment to grant a deviation to outdoor patio fencing requirements; rd WHEREAS, on May 3, 2022, the City Council of the City of Rosemount reviewed the application and staff recommendation. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Minor Amendment to the Omni Orchards Farm Winery Planned Unit Development Agreement to revise the outdoor patio fencing requirement, subject to the following conditions: 1. To allow the non-continuous enclosure of the outdoor patio utilizing a gabion landscape wall within licensed premises. 2. Execution of the Minor Amendment to the Omni Orchard Farm Winery Planned Unit Development Agreement rd ADOPTED this 3 day of May, 2022, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Jessie Paque, Deputy City Clerk Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Map Scale 1 inch = 512 feet 8/9/2021 CITY SPEC'S FOR PUBLIC STREET CONSTRUCTION. CONSTRUCT FUTURE ROAD SEGMENT PER (171-FT X 32-FT MODIFIED WIDTH)BISCAYNE AVENUE(PUBLIC ROADWAY)WOOD POST CONCRETE CURB & GUTTERCONCRETE CURB & GUTTERWOOD POSTSEDGE OF FIELDFIELDNO PARKING SIGNFIELDBENCHMARK SPIKE IN UTILITY POLE ELEV: 947.99 8" PVC8" PVC SAN. STUB 15" RCP 18" RCP18" RCP10" PVC10" PVC12" WM12" WMSAN MH R=949.21 S W N 941.47I= 941.45I= I=941.51I=I=I= SAN MH R=951.72 N W S 942.36I= 942.33I= I=942.31I=I=I= CB R=950.23 E 946.57I=I=I=I=I=I= CB R=950.18 N W S 945.08I= 946.07I= I=945.18I=I=I= 171.10'32.00'171.00' SB SB SB SB SB SB SB SB SB CB 3 TOP 947.25 CB 2 TOP 947.8 CB 1 TOP 948.3 FE INV 941.5 CS 1 TOP 945.5 HYD GV GV GV GV MH 102 TOP 949.6 MH 101 TOP 951.8 CS 2 TOP 945.0 S S P P P Winery Tasting room 8,000 SF Future Out Building 4,000 SF NURP Pond Future Rear Patio 1,500 SF Front Patio 3,000 SF PHASE 1 (41 proof of parking) (38) Future Game Area Future Vineyard Future Outdoor Event Area Future Orchard Future Pavement Infiltration Basin 1Infiltration Basin 2 60' - 0"10' - 0"10' - 0"10' - 0"40' - 0" 30' - 0"333' - 11 1/2"433' - 8 3/4" 433' - 8 1/2"334' - 9 5/8"133' - 0 1/4" 20' - 0"24' - 0"20' - 0"8' - 6"Property Line Setback Property Line Easement Setback Structure SetbackParking SetbackAssumed Property LineSetbackProperty Line19' - 0"8' - 6"8' - 6" 4' - 3" 1 2 3 4 5 9 10 12 13 14 136' - 0 1/2"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"9 14 DS DS DS DS DSDS 3 14 Future Canopy Class 5BituminousFuture Trash Enclosure Future Concrete Apron Future Retaining Wall Future Expansion Dock 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © CNH ARCHITECTS, INC. CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 REVISIONS: DATE: 7300 147TH WEST STREET SUITE 504 APPLE VALLEY, MN 55124 (952) 431-4433 C:\REVIT (local)\REVIT 2021\21030 - Omni Rosemount_atsai47WSB.rvt12/22/2021 12:22:27 PMNot For Construction A1.1Omni Orchards Phase 115701 Biscayne Avenue, Rosemount, MN21030 12/22/21 Site Plan Site Plan Keynotes 1 Bituminous; see Civil drawings 2 Class 5, see Civil drawings 3 Concrete stoop, see Structural drawings 4 Sidewalk, see Civil drawings 5 Crushed stone, see Civil drawings 6 Gabion wall, see Landscape drawings 7 Fire table, see Landscape drawings 8 Steel columns, see Structural drawings 9 Concrete curb and gutter, see Civil drawings 10 Street, see civil drawings 11 Hydrant, see Civil drawings 12 Parking stalls to be removed, driveway and street to be restored should public street be extended in the future 13 HC parking sign, see Detail 14 Downspouts 15 Concrete pad 16 Gate, see Detail 1" = 30'-0"A1.1 A1 Site Plan Proposed Parking Standard Stalls:48 HC Stalls:3 Proof of Parking: 31 Total:79 Site Plan Notes 1. See Civil and Landscape drawings A MINOR AMENDMENT TO THE OMNI ORCHARD FARM WINERY PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT GRANTING A DEVIATION FROM OUTDOOR PATIO FENCING REQUIREMENTS rd THIS DECLARATION made this 3 day of May, 2022, by and between Omni Wine Holdings LLC (hereinafter referred to as the “Declarant”), and the CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the “City”); WHEREAS, Declarant is the owner of the real property as described on Attachment One, attached hereto and hereby made a part hereof (hereinafter collectively referred to as the “Subject Property”); and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, “Omni Orchards Farm Winery Planned Unit Development Agreement”, dated September 21, 2021, (hereinafter referred to as the “Planned Unit Development Agreement”); and WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as hereinafter provided, which amendment has been approved and consented to by the City of Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its officers affixed hereto. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the Planned Unit Development Agreement except as modified herein. a. Section 3-1-14 A. 1. The patio or deck area must be compact and contiguous to the licensed premises and is not required be enclosed with a wrought iron railing that meets standards set forth in this code and final inspection by the chief building official. b. Section 11-4-14 D. 5. When a liquor license is granted, an uninterrupted enclosure is not required and the enclosure may have access through the principal building and outdoor patio. 2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development Agreement shall remain in full force and effect. 3. The obligations and restrictions of this Amendment run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council. This Amendment may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. 1 IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT Omni Wine Holdings LLC By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of _________, 2022, by _____________________ and _________________, the _________________ and ______________________, for and on behalf of Omni Wine Holdings LLC, a ____________________, by and on behalf of said _______________________. _______________________________ Notary Public This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste, Mayor 2 And by: Jessie Paque, Deputy City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2022, by William H. Droste and Erin Fasbender, the Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount th 2875 145 Street West Rosemount, MN 55068 651-423-4411 3